The Honorable Chief Justice Of Pakistan.
Posted July 26, 2007on:
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The Reference against The honorable chief justice of Pakistan has been declared as invalid. Every Pakistani who loves Pakistan loves this order.
The full text of the court order is:
For detailed reasons to be recorded later, the following issues arising out of this petition are decided as under:-
(I) MAINTAINABILITY OF COP NO.21 OF 2007 FILED UNDER ARTICLE 184(3) OF THE CONSTITUTION
This petition is unanimously declared to be maintainable.
(II) VALIDITY OF THE DIRECTION (THE REFERENCE) ISSUED BY THE PRESIDENT UNDER ARTICLE 209(5) OF THE CONSTITUTION.
By a majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed
Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), the said direction
(the Reference) in question dated March 9, 2007, for separate reasons
to be recorded by the Hon. Judges so desiring, is set aside.
(III) VIRES OF JUDGES (COMPULSORY LEAVE) ORDER
BEING PRESIDENT’S ORDER NO. 27 OF 1970 AND THE CONSEQUENT VALIDITY OF
THE ORDER DATED 15.3.2007 PASSED BY THE PRESIDENT DIRECTING THAT THE
CJP SHALL BE ON LEAVE
The said President’s Order No.27 of 1970 is, unanimously declared
as ultra vires of the Constitution and consequently the said order of
the President dated 15.3.2007 is also, unanimously declared to have
been passed without lawful authority.
(IV) VALIDITY OF THE ORDER OF THE PRESIDENT DATED 9.3.2007 AND OF
THE ORDER OF THE SAME DATE OF THE SUPREME JUDICIAL COUNCIL RESTRAINING
THE CJP FROM ACTING AS A JUDGE OF THE SUPREME COURT AND/OR CHIEF
JUSTICE OF PAKISTAN
Both these orders are, unanimously, set aside as being illegal.
However, since according to the minority view on the question of the
validity of the direction (the Reference) in question, the said
Reference had been competently filed by the President, therefore, this
Court could pass a restraining order under Article 184(3) read with
Article 187 of the Constitution.
(V) VALIDITY OF THE APPOINTMENT OF THE HON’BLE ACTING CHIEF
JUSTICES OF PAKISTAN IN VIEW OF THE ANNULMENT OF THE TWO RESTRAINING
ORDERS AND THE COMPULSORY LEAVE ORDER IN RESPECT OF THE CJP
The appointments in question of the Hon’ble Acting Chief Justices
of Pakistan vide notification dated 9.3.2007 and the notification dated
22.3.2007 are, unanimously, declared to have been made without lawful
authority. However, this in-validity shall not affect the ordinary
working of the Supreme Court or the discharge of any other
Constitutional and/or legal obligations by the Hon’ble Acting Chief
Justices of Pakistan during the period in question and this declaration
is so made by applying the de-facto doctrine.
(VI) ACCOUNTABILITY OF THE HON’BLE CHIEF JUSTICE OF PAKISTAN
It has never been anybody’s case before us that the Chief Justice
of Pakistan was not accountable. The same issue, therefore, does not
require any adjudication.
All other legal and Constitutional issues
raised before us shall be answered in due course through the detailed
judgment/judgments to follow.
ORDER OF THE COURT
By majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed
Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), this Constitution
Original Petition No.21 of 2007 filed by Mr. Justice Iftikhar Muhammad
Chaudhry, the Chief Justice of Pakistan, is allowed as a result whereof
the above-mentioned direction (the Reference) of the President dated
March 9, 2007 is set aside. As a further consequence thereof, the
petitioner CJP shall be deemed to be holding the said office and shall
always be deemed to have been so holding the same.
The other connected petitions shall be listed before the
appropriate Benches, in due course, for their disposal in accordance
20th July, 2007.
(APPROVED FOR REPORTING)